Why Truck Accident Injury Lawsuits Are So Much More Complicated

Being hit by a tractor trailer, semi-truck or other large commercial vehicle while you are an automobile driver or passenger can have a devastating effect on your life. Any auto accident can cause serious injuries, but those resulting from a collision between a big rig and a passenger car can be far worse. Truck accident cases are also more complicated than those involving auto crashes due to the fact that they typically involve multiple defendants. Understanding against which party or parties to bring an action is essential to the success of an injury case.

Identifying the defendants in a truck accident case can be complicated for a number of reasons:

• Employers are generally liable for the acts of their employees in the ordinary course of work. If the driver of a truck commits an act of negligence and is an employee of the owner of the vehicle, then the owner will also be responsible for resulting injuries and property damage.
• If the truck is owned by a business entity, such as an LLC, it may be possible to bring an action against the individual owners of the entity in addition to the entity itself.
• Liability may be shared by any third party to whom the owner of the truck has delegated management authority. This may include, for example, a company that was responsible for hiring and supervising the driver.
• Under some circumstances, it may be possible to bring an action against the company that loaded the truck if their employees’ negligence created a dangerous condition.

Different causes of action may lie against each of the people and entities responsible for a trucking accident, due to the different role that each of them plays. Suppose, for example, a driver was not properly screened for drug use at the time of his hiring by the truck’s owner. The driver causes an accident due to being impaired. In this scenario, the driver would be liable for negligence and the owner would share in that liability. The owner also would be potentially liable for negligent hiring and negligent supervision. The proper claims to bring against each person and entity depend on the facts of the case.

Failing to name all the parties involved in a trucking accident can have a negative effect on your recovery, since you might not have brought all possible causes of action. It can also mean less insurance coverage is available to reimburse you for your losses. Big rigs are often owned by entities with complex corporate structures, and it may take time and investigation to identify all potentially responsible parties. However, that extra work is essential if you are to gain access to all sources of compensation.

The attorneys of Feinberg & Alban in Boston strive to protect the rights of victims injured in trucking accidents throughout Massachusetts. We have the experience and skill necessary to handle even the most complicated matters. Contact us online or at 617-232-5950to schedule a free initial consultation.